Published 27 April 2022
Judge alone trial — failing to fill out census form — dwelling form — census — data collection — individual form — Statistics New Zealand — strict liability offending — sentencing — Statistics Act 1975, s 32 — Criminal Procedure Act 2011. The defendant faced two charges alleging she had neglected or refused to fill in or supply particulars of the 2018 census, both the dwelling and individual forms. The defendant failed to appear in Court. Evidence was presented by Statistics New Zealand employees that multiple field officers had been to the defendant's home to deliver the forms, then to warn her that if she failed to fill them in she could be prosecuted. A refusal letter and a notice of liability to prosecution directing the defendant to complete the census forms with an explanation of the consequences of failing to complete the census form were also sent. The census form was not completed. As the offence is strict liability and the forms had not been filled in or returned, the charges were found to be proven beyond a reasonable doubt. The defendant was convicted and fined $150 per charge as well as court costs of $130. Judgment Date: 13 January 2020.
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